Please read these terms carefully before using our services
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Alpine Auto Assist ("we," "us" or "our"), concerning your access to and use of the focaccia-shalfey.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and our car pickup services in Calgary (the "Services").
You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and/or Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the "Last Updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
Alpine Auto Assist provides car pickup and consultation services in Calgary, Alberta. Our Services may include, but are not limited to:
Our Services are subject to the following limitations:
We reserve the right to withdraw or amend our Services, and any service or material we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services is unavailable at any time or for any period.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Alpine Auto Assist, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Alpine Auto Assist.
By using the Site or Services, you represent and warrant that:
You may not access or use the Site or Services for any purpose other than that for which we make them available. The Site and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site or Services, you agree not to:
You agree to pay all fees or charges to your account according to the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change our pricing structure at any time, and any such changes will be posted on the Site and will take effect immediately unless otherwise stated.
We accept the following payment methods:
The fees for our Services will be billed as follows:
If you fail to pay any fees or charges when due, we may:
You agree to reimburse us for all collection costs and reasonable attorneys' fees incurred in connection with our efforts to collect any unpaid amounts from you.
Our cancellation and refund policy is as follows:
If you are dissatisfied with our Services, please contact us immediately. We may, at our sole discretion:
All refund requests must be made within 7 days of the Service completion.
We reserve the right to cancel appointments due to circumstances beyond our control, such as severe weather conditions, staff illness, or other emergencies. In such cases, we will offer to reschedule your appointment or provide a full refund of any deposit.
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, Services, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
While we strive to provide thorough and accurate vehicle inspections and recommendations, we cannot guarantee that we will discover all potential issues with a vehicle. Our inspections are limited to visible and accessible components, and we cannot be held liable for:
By using our Services, you acknowledge these limitations and agree that the final decision to purchase a vehicle is yours alone.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms of Service shall remain in full force and effect while you use the Site or Services. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site or Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.
We may terminate your use or participation in the Site or Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
These Terms shall be governed by and defined following the laws of the Province of Alberta and the federal laws of Canada applicable therein. Alpine Auto Assist and yourself irrevocably consent that the courts of Alberta shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Alberta courts. Alpine Auto Assist shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the Canadian Arbitration Association ("CAA") and, where appropriate, the CAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the CAA's rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at:
123 Maple Drive
Calgary, AB T2P 2M3
Canada
Phone: (403) 555-1234
Email: [email protected]